The Rise of Inheritance and Probate Disputes

Rarely does a week go by nowadays when there is not some form of inheritance dispute in the national press and this trend shows no sign of slowing down. Indeed, the number of applications for caveats (a form of notice that can prevent a grant from being obtained) rose in 2025 compared to previous years, and, according to a recent report by an online litigation analytics platform, over 1,200 probate disputes were filed in the High Court in 2025. This represents a 13% increase compared to 2024.

So, what is continuing to drive this upward trend in disputes?

There is no single reason for the increase in disputes but there are several factors which, when taken together, offer some explanation for the increase:

1. People are now living longer and, sadly, with an ageing population comes an increase in the number of people diagnosed with conditions such as Dementia or Alzheimer’s. One of the common grounds for challenging a Will is that the testator did not have testamentary capacity.
2. The changing family structure. It is not uncommon nowadays to see second marriages, stepchildren and couples deciding to just cohabit instead. As these family structures become ever more complex, Wills can fail to take this into account or, where there is no Will at all, people may not realise they are not protected. Too often we see cohabitees operate under the belief that there is a “common law marriage” and they do not need a Will. There is no concept of a common law marriage in England and Wales and the intestacy rules do not make provision for couples in these sorts of relationships.
3. The increase in wealth and property prices. With the financial value of estates increasing, estates are now worth fighting over.
4. Intestacy. There is still, sadly, an alarmingly high number of people who die without a Will and, therefore, intestate. Where an individual dies without a Will the distribution of their estate is dealt with by the intestacy rules and not necessarily in accordance with their wishes. These rules can be complicated but, most importantly, they may not protect certain categories of individuals like cohabitees.

What are the types of disputes that arise?

Inheritance disputes arise in different ways. These include (but are not limited to):

1. Will Disputes: English law is relatively unusual in recognising the concept of testamentary freedom; other jurisdictions have fixed heirship rules that govern how an individual’s estate will be distributed. However, this does not mean Wills are exempt from challenge and there are various grounds for challenging a Will. These include, amongst other things (i) a Will not being executed correctly (ii) the testator not possessing the mental capacity to execute the Will; (iii) the testator being coerced into making the Will (i.e. there is some form of undue influence).
2. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”): Where somebody feels dissatisfied with the provisions made for them in a Will or perhaps, in cases where there is no Will, the intestacy rules do not adequately support them, provided they act quickly and qualify under the Act they may be able to claim reasonable financial provision.
3. Personal Representatives and Estate Administration Disputes: Executors (or Administrators where there is no Will) assume various responsibilities when handling an estate. However, disputes can and do arise. Beneficiaries may feel assets of the estates are being mishandled or possibly the administration of the estate is not progressing quickly enough.
4. Burial Disputes: It is well-established there are no rights of ownership in a body following death. However, disputes can and do arise over funerary arrangement following death and the High Court has an inherent jurisdiction to make orders about how the body of a deceased person should be dealt with.  

How we can help you

At Colman Coyle we are well versed in handling disputes in all their forms and guises. We have acted in cases involving Will disputes, claims under the Inheritance (Provision for Family and Dependants) Act 1975. Most recently, Mr Palmer was also involved in a very sad dispute that arose in respect of the funerary arrangement of a child and which was widely reported by the national press.

Although Court proceedings are sometimes inevitable, given the delicate nature of inheritance disputes, our specialist team will try to avoid Court proceedings if possible and are highly experienced in all forms of Alternative Dispute Resolution, including mediation. We are also commercial and understand the legal costs of pursuing or defending a dispute can be daunting for some. We are always open to discussing with you, where appropriate, alternative funding arrangements. We may offer ‘no win no fee’ funding arrangements if we consider the matter suitable but each case will have to be assessed on its individual merits.

A vast number of disputes can be resolved by negotiation but the law in this area is not straightforward. There are time limits to bring certain types of claims and seeking legal advice early on can pay dividends before costs become so high that settlement becomes impossible.

If you are considering or facing a claim then please do not hesitate to contact Mr Adam Palmer at adam.palmer@colmancoyle.com or please call on 0207 704 3418.